section 9
Compensation.
The Chhattisgarh Underground Pipelines (Acquisition of Right of User in Land) Act, 2004(1) Where in the exercise of the powers conferred by section 5, section 6 or section 7 by any person, any damage, loss or injury is sustained by any person interested in the land, the State Government or the corporation, shall be liable to pay compensation to such person for such damage loss or injury the amount of which shall be determined by the Competent Authority in the first instance. While determining such compensation, he shall have due regard to the damage or loss sustained by reason of,- (i) the removal of trees or standing crops, if any, on the land while exercising the powers under section 5, section 6 or section 7, (ii) the temporary severance of the land under which the pipeline has been laid from other lands belonging to, or in the occupation of such person; or (iii) any injury to any other property, whether movable or immovable, or the earnings of such persons caused in any other manner. (2) Where the right of user of any land has vested in the State Government or the Corporation, the State Government or the Corporation, shall be liable to pay, in addition to the compensation, if any, compensation calculated at ten percent of the market value of that land on the date of publication of the declaration under sub-section (1) of section 4. The market value of the land on the said date shall be determined by the Competent Authority. Explanation:- The market value means the value determined on the basis of the sale price of similar land in the area in the last 3 years. (3) If the value determined by the Competent Authority is not acceptable to either of the parties, an application may be made by the party within 30 days to the District Judge having jurisdiction. (4) The decision of the District Judge under sub-section (3) shall be final.
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